103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2412 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: See Index Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Adds duties to various Divisions of the Illinois State Police. Amends the State Finance Act. Abolishes the State Police Streetgang-Related Crime Fund. Provides for, on the effective date of the amendatory Act, or as soon thereafter as practical, the transfer of the remaining balance from the State Police Streetgang-Related Crime Fund to the State Police Operations Assistance Fund. Amends the Intergovernmental Missing Child Recovery Act of 1984. Provides that the Illinois State Police's quality control program shall assess (rather than monitor) the timeliness of entries of missing children reports into LEADS and conduct performance audits of all entering agencies. Amends the School Code. Provides that, upon receipt of any written, electronic, or verbal report from any school personnel regarding a verified incident involving a firearm in a school or on school owned or leased property, including any conveyance owned, leased, or used by the school for the transport of students or school personnel, the local law enforcement authorities shall report all such firearm-related incidents occurring in a school or on school property to the Illinois State Police (rather than the superintendent or his or her designee reporting to the Illinois State Police) in a form, manner, and frequency as prescribed by the Illinois State Police. Amends the Sex Offender Registration Act. Provides for, on the effective date of the amendatory Act, or as soon thereafter as practical, the transfer of the remaining balance from the Sex Offender Investigation Fund to the Offender Registration Fund. Provides that upon completion of the transfers, the Sex Offender Investigation Fund is dissolved, and any future deposits into the Sex Offender Investigation Fund and any outstanding obligations or liabilities of the Sex Offender Investigation Fund pass to the Offender Registration Fund. Effective January 1, 2024, with some provisions concerning funds transfers effective immediately. LRB103 05885 RLC 56341 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2412 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: See Index See Index Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Adds duties to various Divisions of the Illinois State Police. Amends the State Finance Act. Abolishes the State Police Streetgang-Related Crime Fund. Provides for, on the effective date of the amendatory Act, or as soon thereafter as practical, the transfer of the remaining balance from the State Police Streetgang-Related Crime Fund to the State Police Operations Assistance Fund. Amends the Intergovernmental Missing Child Recovery Act of 1984. Provides that the Illinois State Police's quality control program shall assess (rather than monitor) the timeliness of entries of missing children reports into LEADS and conduct performance audits of all entering agencies. Amends the School Code. Provides that, upon receipt of any written, electronic, or verbal report from any school personnel regarding a verified incident involving a firearm in a school or on school owned or leased property, including any conveyance owned, leased, or used by the school for the transport of students or school personnel, the local law enforcement authorities shall report all such firearm-related incidents occurring in a school or on school property to the Illinois State Police (rather than the superintendent or his or her designee reporting to the Illinois State Police) in a form, manner, and frequency as prescribed by the Illinois State Police. Amends the Sex Offender Registration Act. Provides for, on the effective date of the amendatory Act, or as soon thereafter as practical, the transfer of the remaining balance from the Sex Offender Investigation Fund to the Offender Registration Fund. Provides that upon completion of the transfers, the Sex Offender Investigation Fund is dissolved, and any future deposits into the Sex Offender Investigation Fund and any outstanding obligations or liabilities of the Sex Offender Investigation Fund pass to the Offender Registration Fund. Effective January 1, 2024, with some provisions concerning funds transfers effective immediately. LRB103 05885 RLC 56341 b LRB103 05885 RLC 56341 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2412 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Adds duties to various Divisions of the Illinois State Police. Amends the State Finance Act. Abolishes the State Police Streetgang-Related Crime Fund. Provides for, on the effective date of the amendatory Act, or as soon thereafter as practical, the transfer of the remaining balance from the State Police Streetgang-Related Crime Fund to the State Police Operations Assistance Fund. Amends the Intergovernmental Missing Child Recovery Act of 1984. Provides that the Illinois State Police's quality control program shall assess (rather than monitor) the timeliness of entries of missing children reports into LEADS and conduct performance audits of all entering agencies. Amends the School Code. Provides that, upon receipt of any written, electronic, or verbal report from any school personnel regarding a verified incident involving a firearm in a school or on school owned or leased property, including any conveyance owned, leased, or used by the school for the transport of students or school personnel, the local law enforcement authorities shall report all such firearm-related incidents occurring in a school or on school property to the Illinois State Police (rather than the superintendent or his or her designee reporting to the Illinois State Police) in a form, manner, and frequency as prescribed by the Illinois State Police. Amends the Sex Offender Registration Act. Provides for, on the effective date of the amendatory Act, or as soon thereafter as practical, the transfer of the remaining balance from the Sex Offender Investigation Fund to the Offender Registration Fund. Provides that upon completion of the transfers, the Sex Offender Investigation Fund is dissolved, and any future deposits into the Sex Offender Investigation Fund and any outstanding obligations or liabilities of the Sex Offender Investigation Fund pass to the Offender Registration Fund. Effective January 1, 2024, with some provisions concerning funds transfers effective immediately.
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LRB103 05885 RLC 56341 b
A BILL FOR
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HB2412 LRB103 05885 RLC 56341 b
1 AN ACT concerning the Illinois State Police.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois State Police Law of the Civil
5 Administrative Code of Illinois is amended by changing
6 Sections 2605-10, 2605-30, 2605-35, 2605-45, 2605-51, 2605-52,
7 and 2605-200 as follows:
8 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
9 Sec. 2605-10. Powers and duties, generally.
10 (a) The Illinois State Police shall exercise the rights,
11 powers, and duties that have been vested in the Illinois State
12 Police by the following:
13 The Illinois State Police Act.
14 The Illinois State Police Radio Act.
15 The Criminal Identification Act.
16 The Illinois Vehicle Code.
17 The Firearm Owners Identification Card Act.
18 The Firearm Concealed Carry Act.
19 The Firearm Dealer License Certification Act Gun Dealer
20 Licensing Act.
21 The Intergovernmental Missing Child Recovery Act of 1984.
22 The Intergovernmental Drug Laws Enforcement Act.
23 The Narcotic Control Division Abolition Act.
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2412 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Adds duties to various Divisions of the Illinois State Police. Amends the State Finance Act. Abolishes the State Police Streetgang-Related Crime Fund. Provides for, on the effective date of the amendatory Act, or as soon thereafter as practical, the transfer of the remaining balance from the State Police Streetgang-Related Crime Fund to the State Police Operations Assistance Fund. Amends the Intergovernmental Missing Child Recovery Act of 1984. Provides that the Illinois State Police's quality control program shall assess (rather than monitor) the timeliness of entries of missing children reports into LEADS and conduct performance audits of all entering agencies. Amends the School Code. Provides that, upon receipt of any written, electronic, or verbal report from any school personnel regarding a verified incident involving a firearm in a school or on school owned or leased property, including any conveyance owned, leased, or used by the school for the transport of students or school personnel, the local law enforcement authorities shall report all such firearm-related incidents occurring in a school or on school property to the Illinois State Police (rather than the superintendent or his or her designee reporting to the Illinois State Police) in a form, manner, and frequency as prescribed by the Illinois State Police. Amends the Sex Offender Registration Act. Provides for, on the effective date of the amendatory Act, or as soon thereafter as practical, the transfer of the remaining balance from the Sex Offender Investigation Fund to the Offender Registration Fund. Provides that upon completion of the transfers, the Sex Offender Investigation Fund is dissolved, and any future deposits into the Sex Offender Investigation Fund and any outstanding obligations or liabilities of the Sex Offender Investigation Fund pass to the Offender Registration Fund. Effective January 1, 2024, with some provisions concerning funds transfers effective immediately.
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LRB103 05885 RLC 56341 b
A BILL FOR
See Index
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1 The Illinois Uniform Conviction Information Act.
2 The Arsonist Registration Act.
3 The Murderer and Violent Offender Against Youth
4 Registration Act.
5 (b) The Illinois State Police shall have the powers and
6 duties set forth in the following Sections.
7 (Source: P.A. 102-538, eff. 8-20-21.)
8 (20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)
9 Sec. 2605-30. Division of Patrol Operations (formerly
10 State Troopers). The Division of Patrol Operations shall
11 exercise the following functions and those in Section 2605-35:
12 (1) Cooperate with federal and State authorities
13 requesting utilization of the Illinois State Police's
14 radio network system under the Illinois Aeronautics Act.
15 (2) Exercise the rights, powers, and duties of the
16 Illinois State Police under the Illinois State Police Act.
17 (2.5) Provide uniformed patrol of Illinois roadways
18 and proactively enforce criminal and traffic laws.
19 (3) (Blank).
20 (4) Exercise the rights, powers, and duties of the
21 Illinois State Police vested by law in the Illinois State
22 Police by the Illinois Vehicle Code.
23 (5) Exercise other duties that have been or may be
24 vested by law in the Illinois State Police.
25 (6) Exercise other duties that may be assigned by the
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1 Director in order to fulfill the responsibilities and to
2 achieve the purposes of the Illinois State Police.
3 (7) Provide comprehensive law enforcement services to
4 the public and to county, municipal, and federal law
5 enforcement agencies.
6 (8) Patrol Illinois roadways with the intent to
7 interdict crime and ensure traffic safety while assisting
8 citizens during times of need.
9 (Source: P.A. 102-538, eff. 8-20-21.)
10 (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
11 Sec. 2605-35. Division of Criminal Investigation.
12 (a) The Division of Criminal Investigation shall exercise
13 the following functions and those in Section 2605-30:
14 (1) Exercise the rights, powers, and duties vested by
15 law in the Illinois State Police by the Illinois Horse
16 Racing Act of 1975, including those set forth in Section
17 2605-215, and the Illinois Gambling Act.
18 (2) Investigate the origins, activities, personnel,
19 and incidents of crime and enforce the criminal laws of
20 this State related thereto, and oversee the statewide
21 intelligence fusion center.
22 (3) Enforce all laws regulating the production, sale,
23 prescribing, manufacturing, administering, transporting,
24 having in possession, dispensing, delivering,
25 distributing, or use of controlled substances and
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1 cannabis.
2 (4) Cooperate with the police of cities, villages, and
3 incorporated towns and with the police officers of any
4 county in enforcing the laws of the State and in making
5 arrests and recovering property.
6 (5) Apprehend and deliver up any person charged in
7 this State or any other state with treason or a felony or
8 other crime who has fled from justice and is found in this
9 State.
10 (6) Investigate recipients and providers under the
11 Illinois Public Aid Code and any personnel involved in the
12 administration of the Code who are suspected of any
13 violation of the Code pertaining to fraud in the
14 administration, receipt, or provision of assistance and
15 pertaining to any violation of criminal law; and exercise
16 the functions required under Section 2605-220 in the
17 conduct of those investigations.
18 (7) Conduct other investigations as provided by law,
19 including, but not limited to, investigations of human
20 trafficking, illegal drug trafficking, and illegal
21 firearms trafficking, and cybercrimes.
22 (8) Investigate public corruption.
23 (9) Exercise other duties that may be assigned by the
24 Director in order to fulfill the responsibilities and
25 achieve the purposes of the Illinois State Police, which
26 may include the coordination of gang, terrorist, and
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1 organized crime prevention, control activities, and
2 assisting local law enforcement in their crime control
3 activities.
4 (10) Conduct investigations (and cooperate with
5 federal law enforcement agencies in the investigation) of
6 any property-related crimes, such as money laundering,
7 involving individuals or entities listed on the sanctions
8 list maintained by the U.S. Department of Treasury's
9 Office of Foreign Asset Control.
10 (11) Oversee special weapons and tactics (SWAT) teams.
11 (12) Oversee air operations to respond to manhunts and
12 searches for missing persons, conduct airspeed details,
13 provide surveillance support, and serve other high-threat
14 or high-value asset missions.
15 (13) Investigate domestic terrorism incidents and
16 individuals and otherwise deter all threats to the
17 homeland.
18 (a-5) The Division of Criminal Investigation shall gather
19 information and evidence to facilitate the identification,
20 apprehension, and prosecution of persons responsible for
21 committing crime; and to provide specialized intelligence,
22 investigative, tactical, and technological services in support
23 of law enforcement operations throughout the State of
24 Illinois.
25 (b) (Blank).
26 (c) The Division of Criminal Investigation shall provide
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1 statewide coordination and strategy pertaining to
2 firearm-related intelligence, firearms trafficking
3 interdiction, and investigations reaching across all divisions
4 of the Illinois State Police, including providing crime gun
5 intelligence support for suspects and firearms involved in
6 firearms trafficking or the commission of a crime involving
7 firearms that is investigated by the Illinois State Police and
8 other federal, State, and local law enforcement agencies, with
9 the objective of reducing and preventing illegal possession
10 and use of firearms, firearms trafficking, firearm-related
11 homicides, and other firearm-related violent crimes in
12 Illinois.
13 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
14 102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23.)
15 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
16 Sec. 2605-45. Division of Justice Services. The Division
17 of Justice Services shall provide administrative and technical
18 services and support to the Illinois State Police, criminal
19 justice agencies, and the public and shall exercise the
20 following functions:
21 (1) Operate and maintain the Law Enforcement Agencies
22 Data System (LEADS), a statewide, computerized
23 telecommunications system designed to provide services,
24 information, and capabilities to the law enforcement and
25 criminal justice community in the State of Illinois. The
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1 Director is responsible for establishing policy,
2 procedures, and regulations consistent with State and
3 federal rules, policies, and law by which LEADS operates.
4 The Director shall designate a statewide LEADS
5 Administrator for management of the system. The Director
6 may appoint a LEADS Advisory Policy Board to reflect the
7 needs and desires of the law enforcement and criminal
8 justice community and to make recommendations concerning
9 policies and procedures.
10 (2) Pursue research and the publication of studies
11 pertaining to local law enforcement activities.
12 (3) Serve as the State's point of contact for the
13 Federal Bureau of Investigation's Uniform Crime Reporting
14 Program and National Incident-Based Reporting System.
15 (4) Operate an electronic data processing and computer
16 center for the storage and retrieval of data pertaining to
17 criminal activity.
18 (5) Exercise the rights, powers, and duties vested in
19 the Illinois State Police by the Cannabis Regulation and
20 Tax Act and the Compassionate Use of Medical Cannabis
21 Program Act.
22 (6) (Blank).
23 (6.5) Exercise the rights, powers, and duties vested
24 in the Illinois State Police by the Firearm Owners
25 Identification Card Act, the Firearm Concealed Carry Act,
26 the Firearm Transfer Inquiry Program, the prohibited
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1 persons portal, and the Firearm Dealer License
2 Certification Act.
3 (7) Exercise other duties that may be assigned by the
4 Director to fulfill the responsibilities and achieve the
5 purposes of the Illinois State Police.
6 (8) Exercise the rights, powers, and duties vested by
7 law in the Illinois State Police by the Criminal
8 Identification Act and the Illinois Uniform Conviction
9 Information Act.
10 (9) Exercise the powers and perform the duties that
11 have been vested in the Illinois State Police by the
12 Arsonist Registration Act, the Murderer and Violent
13 Offender Against Youth Registration Act, the Sex Offender
14 Registration Act, and the Sex Offender Community
15 Notification Law and adopt reasonable rules necessitated
16 thereby.
17 (10) Serve as the State central repository for
18 criminal history record information.
19 (11) Liaise with the Concealed Carry Licensing Review
20 Board and the Firearms Owner's Identification Card Review
21 Board.
22 (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
23 (20 ILCS 2605/2605-51)
24 Sec. 2605-51. Division of the Academy and Training.
25 (a) The Division of the Academy and Training shall
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1 exercise, but not be limited to, the following functions:
2 (1) Oversee and operate the Illinois State Police
3 Training Academy.
4 (2) Train and prepare new officers for a career in law
5 enforcement, with innovative, quality training and
6 educational practices.
7 (3) Offer continuing training and educational programs
8 for Illinois State Police employees.
9 (4) Oversee the Illinois State Police's recruitment
10 initiatives.
11 (5) Oversee and operate the Illinois State Police's
12 quartermaster.
13 (6) Duties assigned to the Illinois State Police in
14 Article 5, Chapter 11 of the Illinois Vehicle Code
15 concerning testing and training officers on the detection
16 of impaired driving.
17 (7) Duties assigned to the Illinois State Police in
18 Article 108B of the Code of Criminal Procedure.
19 (b) The Division of the Academy and Training shall
20 exercise the rights, powers, and duties vested in the former
21 Division of State Troopers by Section 17 of the Illinois State
22 Police Act.
23 (c) Specialized training.
24 (1) Training; cultural diversity. The Division of the
25 Academy and Training shall provide training and continuing
26 education to State police officers concerning cultural
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1 diversity, including sensitivity toward racial and ethnic
2 differences. This training and continuing education shall
3 include, but not be limited to, an emphasis on the fact
4 that the primary purpose of enforcement of the Illinois
5 Vehicle Code is safety and equal and uniform enforcement
6 under the law.
7 (2) Training; death and homicide investigations. The
8 Division of the Academy and Training shall provide
9 training in death and homicide investigation for State
10 police officers. Only State police officers who
11 successfully complete the training may be assigned as lead
12 investigators in death and homicide investigations.
13 Satisfactory completion of the training shall be evidenced
14 by a certificate issued to the officer by the Division of
15 the Academy and Training. The Director shall develop a
16 process for waiver applications for officers whose prior
17 training and experience as homicide investigators may
18 qualify them for a waiver. The Director may issue a
19 waiver, at his or her discretion, based solely on the
20 prior training and experience of an officer as a homicide
21 investigator.
22 (A) The Division shall require all homicide
23 investigator training to include instruction on
24 victim-centered, trauma-informed investigation. This
25 training must be implemented by July 1, 2023.
26 (B) The Division shall cooperate with the Division
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1 of Criminal Investigation to develop a model
2 curriculum on victim-centered, trauma-informed
3 investigation. This curriculum must be implemented by
4 July 1, 2023.
5 (3) Training; police dog training standards. All
6 police dogs used by the Illinois State Police for drug
7 enforcement purposes pursuant to the Cannabis Control Act,
8 the Illinois Controlled Substances Act, and the
9 Methamphetamine Control and Community Protection Act shall
10 be trained by programs that meet the certification
11 requirements set by the Director or the Director's
12 designee. Satisfactory completion of the training shall be
13 evidenced by a certificate issued by the Division of the
14 Academy and Training.
15 (4) Training; post-traumatic stress disorder. The
16 Division of the Academy and Training shall conduct or
17 approve a training program in post-traumatic stress
18 disorder for State police officers. The purpose of that
19 training shall be to equip State police officers to
20 identify the symptoms of post-traumatic stress disorder
21 and to respond appropriately to individuals exhibiting
22 those symptoms.
23 (5) Training; opioid antagonists. The Division of the
24 Academy and Training shall conduct or approve a training
25 program for State police officers in the administration of
26 opioid antagonists as defined in paragraph (1) of
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1 subsection (e) of Section 5-23 of the Substance Use
2 Disorder Act that is in accordance with that Section. As
3 used in this Section, "State police officers" includes
4 full-time or part-time State police officers,
5 investigators, and any other employee of the Illinois
6 State Police exercising the powers of a peace officer.
7 (6) Training; sexual assault and sexual abuse.
8 (A) Every 3 years, the Division of the Academy and
9 Training shall present in-service training on sexual
10 assault and sexual abuse response and report writing
11 training requirements, including, but not limited to,
12 the following:
13 (i) recognizing the symptoms of trauma;
14 (ii) understanding the role trauma has played
15 in a victim's life;
16 (iii) responding to the needs and concerns of
17 a victim;
18 (iv) delivering services in a compassionate,
19 sensitive, and nonjudgmental manner;
20 (v) interviewing techniques in accordance with
21 the curriculum standards in this paragraph (6);
22 (vi) understanding cultural perceptions and
23 common myths of sexual assault and sexual abuse;
24 and
25 (vii) report writing techniques in accordance
26 with the curriculum standards in this paragraph
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1 (6).
2 (B) This training must also be presented in all
3 full and part-time basic law enforcement academies.
4 (C) Instructors providing this training shall have
5 successfully completed training on evidence-based,
6 trauma-informed, victim-centered responses to cases of
7 sexual assault and sexual abuse and have experience
8 responding to sexual assault and sexual abuse cases.
9 (D) The Illinois State Police shall adopt rules,
10 in consultation with the Office of the Attorney
11 General and the Illinois Law Enforcement Training
12 Standards Board, to determine the specific training
13 requirements for these courses, including, but not
14 limited to, the following:
15 (i) evidence-based curriculum standards for
16 report writing and immediate response to sexual
17 assault and sexual abuse, including
18 trauma-informed, victim-centered interview
19 techniques, which have been demonstrated to
20 minimize retraumatization, for all State police
21 officers; and
22 (ii) evidence-based curriculum standards for
23 trauma-informed, victim-centered investigation
24 and interviewing techniques, which have been
25 demonstrated to minimize retraumatization, for
26 cases of sexual assault and sexual abuse for all
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1 State police officers who conduct sexual assault
2 and sexual abuse investigations.
3 (7) Training; human trafficking. The Division of the
4 Academy and Training shall conduct or approve a training
5 program in the detection and investigation of all forms of
6 human trafficking, including, but not limited to,
7 involuntary servitude under subsection (b) of Section 10-9
8 of the Criminal Code of 2012, involuntary sexual servitude
9 of a minor under subsection (c) of Section 10-9 of the
10 Criminal Code of 2012, and trafficking in persons under
11 subsection (d) of Section 10-9 of the Criminal Code of
12 2012. This program shall be made available to all cadets
13 and State police officers.
14 (8) Training; hate crimes. The Division of the Academy
15 and Training shall provide training for State police
16 officers in identifying, responding to, and reporting all
17 hate crimes.
18 (d) The Division of the Academy and Training shall
19 administer and conduct a program consistent with 18 U.S.C.
20 926B and 926C for qualified active and retired state police
21 officers.
22 (Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22;
23 102-813, eff. 5-13-22.)
24 (20 ILCS 2605/2605-52)
25 Sec. 2605-52. Division of Statewide 9-1-1.
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1 (a) There shall be established an Office of the Statewide
2 9-1-1 Administrator within the Division of Statewide 9-1-1.
3 Beginning January 1, 2016, the Office of the Statewide 9-1-1
4 Administrator shall be responsible for developing,
5 implementing, and overseeing a uniform statewide 9-1-1 system
6 for all areas of the State outside of municipalities having a
7 population over 500,000.
8 (b) The Governor shall appoint, with the advice and
9 consent of the Senate, a Statewide 9-1-1 Administrator. The
10 Administrator shall serve for a term of 2 years, and until a
11 successor is appointed and qualified; except that the term of
12 the first 9-1-1 Administrator appointed under this Act shall
13 expire on the third Monday in January, 2017. The Administrator
14 shall not hold any other remunerative public office. The
15 Administrator shall receive an annual salary as set by the
16 Governor.
17 (c) The Illinois State Police, from appropriations made to
18 it for that purpose, shall make grants to 9-1-1 Authorities
19 for the purpose of defraying costs associated with 9-1-1
20 system consolidations awarded by the Administrator under
21 Section 15.4b of the Emergency Telephone System Act.
22 (d) Division of Statewide 9-1-1 shall exercise the rights,
23 powers, and duties vested by law in the Illinois State Police
24 by the State Police Radio Act and shall oversee the Illinois
25 State Police radio network, including ISPERN and STARCOM21.
26 (e) The Division of Statewide 9-1-1 shall also conduct the
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1 following communication activities:
2 (1) Acquire and operate one or more radio broadcasting
3 stations in the State to be used for police purposes.
4 (2) Operate a statewide communications network to
5 gather and disseminate information for law enforcement
6 agencies.
7 (3) Undertake other communication activities that may
8 be required by law.
9 (4) Oversee Illinois State Police telecommunications.
10 (f) The Division of Statewide 9-1-1 shall oversee the
11 Illinois State Police fleet operations.
12 (Source: P.A. 102-538, eff. 8-20-21.)
13 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
14 Sec. 2605-200. Investigations of crime; enforcement of
15 laws; records; crime laboratories; personnel.
16 (a) To do the following:
17 (1) Investigate the origins, activities, personnel,
18 and incidents of crime and the ways and means to redress
19 the victims of crimes; study the impact, if any, of
20 legislation relative to the effusion of crime and growing
21 crime rates; and enforce the criminal laws of this State
22 related thereto.
23 (2) Enforce all laws regulating the production, sale,
24 prescribing, manufacturing, administering, transporting,
25 having in possession, dispensing, delivering,
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1 distributing, or use of controlled substances and
2 cannabis.
3 (3) Employ skilled experts, scientists, technicians,
4 investigators, or otherwise specially qualified persons to
5 aid in preventing or detecting crime, apprehending
6 criminals, or preparing and presenting evidence of
7 violations of the criminal laws of the State.
8 (4) Cooperate with the police of cities, villages, and
9 incorporated towns and with the police officers of any
10 county in enforcing the laws of the State and in making
11 arrests and recovering property.
12 (5) Apprehend and deliver up any person charged in
13 this State or any other state of the United States with
14 treason or a felony or other crime who has fled from
15 justice and is found in this State.
16 (6) Conduct other investigations as provided by law.
17 (7) Be a central repository and custodian of criminal
18 statistics for the State.
19 (8) Be a central repository for criminal history
20 record information.
21 (9) Procure and file for record information that is
22 necessary and helpful to plan programs of crime
23 prevention, law enforcement, and criminal justice.
24 (10) Procure and file for record copies of
25 fingerprints that may be required by law.
26 (11) Establish general and field crime laboratories.
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1 (12) Register and file for record information that may
2 be required by law for the issuance of firearm owner's
3 identification cards under the Firearm Owners
4 Identification Card Act and concealed carry licenses under
5 the Firearm Concealed Carry Act.
6 (13) Employ laboratory technicians and other specially
7 qualified persons to aid in the identification of criminal
8 activity and the identification, collection, and recovery
9 of cyber forensics, including, but not limited to, digital
10 evidence, and may employ polygraph operators and forensic
11 anthropologists.
12 (14) Undertake other identification, information,
13 laboratory, statistical, or registration activities that
14 may be required by law.
15 (b) Persons exercising the powers set forth in subsection
16 (a) within the Illinois State Police are conservators of the
17 peace and as such have all the powers possessed by policemen in
18 cities and sheriffs, except that they may exercise those
19 powers anywhere in the State in cooperation with and after
20 contact with the local law enforcement officials. Those
21 persons may use false or fictitious names in the performance
22 of their duties under this Section, upon approval of the
23 Director, and shall not be subject to prosecution under the
24 criminal laws for that use.
25 (Source: P.A. 102-538, eff. 8-20-21.)
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1 Section 10. The State Finance Act is amended by changing
2 Section 6z-82 as follows:
3 (30 ILCS 105/6z-82)
4 Sec. 6z-82. State Police Operations Assistance Fund.
5 (a) There is created in the State treasury a special fund
6 known as the State Police Operations Assistance Fund. The Fund
7 shall receive revenue under the Criminal and Traffic
8 Assessment Act. The Fund may also receive revenue from grants,
9 donations, appropriations, and any other legal source.
10 (a-5) Notwithstanding any other provision of law to the
11 contrary, and in addition to any other transfers that may be
12 provided by law, on August 20, 2021 (the effective date of
13 Public Act 102-505), or as soon thereafter as practical, the
14 State Comptroller shall direct and the State Treasurer shall
15 transfer the remaining balance from the Over Dimensional Load
16 Police Escort Fund into the State Police Operations Assistance
17 Fund. Upon completion of the transfer, the Over Dimensional
18 Load Police Escort Fund is dissolved, and any future deposits
19 due to that Fund and any outstanding obligations or
20 liabilities of that Fund shall pass to the State Police
21 Operations Assistance Fund.
22 This Fund may charge, collect, and receive fees or moneys
23 as described in Section 15-312 of the Illinois Vehicle Code,
24 and receive all fees received by the Illinois State Police
25 under that Section. The moneys shall be used by the Illinois
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1 State Police for its expenses in providing police escorts and
2 commercial vehicle enforcement activities.
3 (b) The Illinois State Police may use moneys in the Fund to
4 finance any of its lawful purposes or functions.
5 (c) Expenditures may be made from the Fund only as
6 appropriated by the General Assembly by law.
7 (d) Investment income that is attributable to the
8 investment of moneys in the Fund shall be retained in the Fund
9 for the uses specified in this Section.
10 (e) The State Police Operations Assistance Fund shall not
11 be subject to administrative chargebacks.
12 (f) (Blank).
13 (g) Notwithstanding any other provision of State law to
14 the contrary, on or after July 1, 2021, in addition to any
15 other transfers that may be provided for by law, at the
16 direction of and upon notification from the Director of the
17 Illinois State Police, the State Comptroller shall direct and
18 the State Treasurer shall transfer amounts not exceeding
19 $7,000,000 into the State Police Operations Assistance Fund
20 from the State Police Services Fund.
21 (h) Notwithstanding any other provision of law, in
22 addition to any other transfers that may be provided by law, on
23 the effective date of this amendatory Act of the 103rd General
24 Assembly, or as soon thereafter as practical, the State
25 Comptroller shall direct and the State Treasurer shall
26 transfer the remaining balance from the State Police
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1 Streetgang-Related Crime Fund to the State Police Operations
2 Assistance Fund. Upon completion of the transfers, the State
3 Police Streetgang-Related Crime Fund is dissolved, and any
4 future deposits into the State Police Streetgang-Related Crime
5 Fund and any outstanding obligations or liabilities of the
6 State Police Streetgang-Related Crime Fund pass to the State
7 Police Operations Assistance Fund.
8 (Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;
9 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
10 (30 ILCS 105/5.783 rep.)
11 (30 ILCS 105/8p rep.)
12 Section 15. The State Finance Act is amended by repealing
13 Sections 5.783 and 8p.
14 Section 20. The Intergovernmental Missing Child Recovery
15 Act of 1984 is amended by changing Section 6 as follows:
16 (325 ILCS 40/6) (from Ch. 23, par. 2256)
17 Sec. 6. The Illinois State Police shall:
18 (a) Utilize the statewide Law Enforcement Agencies Data
19 System (LEADS) for the purpose of effecting an immediate law
20 enforcement response to reports of missing children. The
21 Illinois State Police shall implement an automated data
22 exchange system to compile, to maintain and to make available
23 for dissemination to Illinois and out-of-State law enforcement
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1 agencies, data which can assist appropriate agencies in
2 recovering missing children.
3 (b) Establish contacts and exchange information regarding
4 lost, missing or runaway children with nationally recognized
5 "missing person and runaway" service organizations and monitor
6 national research and publicize important developments.
7 (c) Provide a uniform reporting format for the entry of
8 pertinent information regarding reports of missing children
9 into LEADS.
10 (d) Develop and implement a policy whereby a statewide or
11 regional alert would be used in situations relating to the
12 disappearances of children, based on criteria and in a format
13 established by the Illinois State Police. Such a format shall
14 include, but not be limited to, the age and physical
15 description of the missing child and the suspected
16 circumstances of the disappearance.
17 (e) Notify all law enforcement agencies that reports of
18 missing persons shall be entered as soon as the minimum level
19 of data specified by the Illinois State Police is available to
20 the reporting agency and that no waiting period for entry of
21 such data exists.
22 (f) Provide a procedure for prompt confirmation of the
23 receipt and entry of the missing child report into LEADS to the
24 parent or guardian of the missing child.
25 (g) Compile and retain information regarding missing
26 children in a separate data file, in a manner that allows such
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1 information to be used by law enforcement and other agencies
2 deemed appropriate by the Director, for investigative
3 purposes. Such files shall be updated to reflect and include
4 information relating to the disposition of the case.
5 (h) Compile and maintain an historic data repository
6 relating to missing children in order (1) to develop and
7 improve techniques utilized by law enforcement agencies when
8 responding to reports of missing children and (2) to provide a
9 factual and statistical base for research that would address
10 the problem of missing children.
11 (i) Create a quality control program to assess the monitor
12 timeliness of entries of missing children reports into LEADS
13 and conduct performance audits of all entering agencies.
14 (j) Prepare a periodic information bulletin concerning
15 missing children who it determines may be present in this
16 State, compiling such bulletin from information contained in
17 both the National Crime Information Center computer and from
18 reports, alerts and other information entered into LEADS or
19 otherwise compiled and retained by the Illinois State Police
20 pursuant to this Act. The bulletin shall indicate the name,
21 age, physical description, suspected circumstances of
22 disappearance if that information is available, a photograph
23 if one is available, the name of the law enforcement agency
24 investigating the case, and such other information as the
25 Director considers appropriate concerning each missing child
26 who the Illinois State Police determines may be present in
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1 this State. The Illinois State Police shall send a copy of each
2 periodic information bulletin to the State Board of Education
3 for its use in accordance with Section 2-3.48 of the School
4 Code. The Illinois State Police shall provide a copy of the
5 bulletin, upon request, to law enforcement agencies of this or
6 any other state or of the federal government, and may provide a
7 copy of the bulletin, upon request, to other persons or
8 entities, if deemed appropriate by the Director, and may
9 establish limitations on its use and a reasonable fee for so
10 providing the same, except that no fee shall be charged for
11 providing the periodic information bulletin to the State Board
12 of Education, appropriate units of local government, State
13 agencies, or law enforcement agencies of this or any other
14 state or of the federal government.
15 (k) Provide for the entry into LEADS of the names and
16 addresses of sex offenders as defined in the Sex Offender
17 Registration Act who are required to register under that Act.
18 The information shall be immediately accessible to law
19 enforcement agencies and peace officers of this State or any
20 other state or of the federal government. Similar information
21 may be requested from any other state or of the federal
22 government for purposes of this Act.
23 (l) Provide for the entry into LEADS of the names and
24 addresses of violent offenders against youth as defined in the
25 Murderer and Violent Offender Against Youth Registration Act
26 who are required to register under that Act. The information
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1 shall be immediately accessible to law enforcement agencies
2 and peace officers of this State or any other state or of the
3 federal government. Similar information may be requested from
4 any other state or of the federal government for purposes of
5 this Act.
6 (Source: P.A. 102-538, eff. 8-20-21.)
7 Section 25. The School Code is amended by changing Section
8 10-27.1A as follows:
9 (105 ILCS 5/10-27.1A)
10 Sec. 10-27.1A. Firearms in schools.
11 (a) All school officials, including teachers, school
12 counselors, and support staff, shall immediately notify the
13 office of the principal in the event that they observe any
14 person in possession of a firearm on school grounds; provided
15 that taking such immediate action to notify the office of the
16 principal would not immediately endanger the health, safety,
17 or welfare of students who are under the direct supervision of
18 the school official or the school official. If the health,
19 safety, or welfare of students under the direct supervision of
20 the school official or of the school official is immediately
21 endangered, the school official shall notify the office of the
22 principal as soon as the students under his or her supervision
23 and he or she are no longer under immediate danger. A report is
24 not required by this Section when the school official knows
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1 that the person in possession of the firearm is a law
2 enforcement official engaged in the conduct of his or her
3 official duties. Any school official acting in good faith who
4 makes such a report under this Section shall have immunity
5 from any civil or criminal liability that might otherwise be
6 incurred as a result of making the report. The identity of the
7 school official making such report shall not be disclosed
8 except as expressly and specifically authorized by law.
9 Knowingly and willfully failing to comply with this Section is
10 a petty offense. A second or subsequent offense is a Class C
11 misdemeanor.
12 (b) Upon receiving a report from any school official
13 pursuant to this Section, or from any other person, the
14 principal or his or her designee shall immediately notify a
15 local law enforcement agency. If the person found to be in
16 possession of a firearm on school grounds is a student, the
17 principal or his or her designee shall also immediately notify
18 that student's parent or guardian. Any principal or his or her
19 designee acting in good faith who makes such reports under
20 this Section shall have immunity from any civil or criminal
21 liability that might otherwise be incurred or imposed as a
22 result of making the reports. Knowingly and willfully failing
23 to comply with this Section is a petty offense. A second or
24 subsequent offense is a Class C misdemeanor. If the person
25 found to be in possession of the firearm on school grounds is a
26 minor, the law enforcement agency shall detain that minor
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1 until such time as the agency makes a determination pursuant
2 to clause (a) of subsection (1) of Section 5-401 of the
3 Juvenile Court Act of 1987, as to whether the agency
4 reasonably believes that the minor is delinquent. If the law
5 enforcement agency determines that probable cause exists to
6 believe that the minor committed a violation of item (4) of
7 subsection (a) of Section 24-1 of the Criminal Code of 2012
8 while on school grounds, the agency shall detain the minor for
9 processing pursuant to Section 5-407 of the Juvenile Court Act
10 of 1987.
11 (c) On or after January 1, 1997, upon receipt of any
12 written, electronic, or verbal report from any school
13 personnel regarding a verified incident involving a firearm in
14 a school or on school owned or leased property, including any
15 conveyance owned, leased, or used by the school for the
16 transport of students or school personnel, the superintendent
17 or his or her designee shall report all such firearm-related
18 incidents occurring in a school or on school property to the
19 local law enforcement authorities immediately, who shall
20 report and to the Illinois State Police in a form, manner, and
21 frequency as prescribed by the Illinois State Police.
22 The State Board of Education shall receive an annual
23 statistical compilation and related data associated with
24 incidents involving firearms in schools from the Illinois
25 State Police. The State Board of Education shall compile this
26 information by school district and make it available to the
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1 public.
2 (d) As used in this Section, the term "firearm" shall have
3 the meaning ascribed to it in Section 1.1 of the Firearm Owners
4 Identification Card Act.
5 As used in this Section, the term "school" means any
6 public or private elementary or secondary school.
7 As used in this Section, the term "school grounds"
8 includes the real property comprising any school, any
9 conveyance owned, leased, or contracted by a school to
10 transport students to or from school or a school-related
11 activity, or any public way within 1,000 feet of the real
12 property comprising any school.
13 (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
14 102-813, eff. 5-13-22.)
15 Section 30. The Sex Offender Registration Act is amended
16 by changing Section 11 as follows:
17 (730 ILCS 150/11)
18 Sec. 11. Offender Registration Fund. There is created the
19 Offender Registration Fund (formerly known as the Sex Offender
20 Registration Fund). Moneys in the Fund shall be used to cover
21 costs incurred by the criminal justice system to administer
22 this Article and the Murderer and Violent Offender Against
23 Youth Registration Act, and for purposes as authorized under
24 this Section 5-9-1.15 of the Unified Code of Corrections. The
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1 Illinois State Police shall establish and promulgate rules and
2 procedures regarding the administration of this Fund. Fifty
3 percent of the moneys in the Fund shall be allocated by the
4 Department for sheriffs' offices and police departments. The
5 remaining moneys in the Fund received under this amendatory
6 Act of the 101st General Assembly shall be allocated to the
7 Illinois State Police for education and administration of the
8 Act.
9 Notwithstanding any other provision of law, in addition to
10 any other transfers that may be provided by law, on the
11 effective date of this amendatory Act of the 103rd General
12 Assembly, or as soon thereafter as practical, the State
13 Comptroller shall direct and the State Treasurer shall
14 transfer the remaining balance from the Sex Offender
15 Investigation Fund to the Offender Registration Fund. Upon
16 completion of the transfers, the Sex Offender Investigation
17 Fund is dissolved, and any future deposits into the Sex
18 Offender Investigation Fund and any outstanding obligations or
19 liabilities of the Sex Offender Investigation Fund pass to the
20 Offender Registration Fund. Subject to appropriation, moneys
21 in the Offender Registration Fund received under this Section
22 shall be used by the Illinois State Police for purposes
23 authorized under this Section.
24 (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law, except that Sections 5, 15, and 20 take effect
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1 January 1, 2024.
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1 INDEX
2 Statutes amended in order of appearance
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1 INDEX
2 Statutes amended in order of appearance
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